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HB 286: "An Act relating to medical services under the state Medicaid program."

00                             HOUSE BILL NO. 286                                                                          
01 "An Act relating to medical services under the state Medicaid program."                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 47.07 is amended by adding a new section to read:                                                 
04            Sec. 47.07.068.  Payment for abortions.  (a)  Except as otherwise required by                              
05       federal law, the department may pay for an abortion under this chapter only if the                                
06       abortion is a medically necessary abortion or is an abortion to terminate a pregnancy                             
07       resulting from rape or incest.  The department shall adopt regulations regarding                                  
08       payment for abortions in conformity with this section and applicable federal                                      
09       regulations.                                                                                                      
10            (b)  A claim for payment for a medically necessary abortion that is submitted                                
11       to the department must be accompanied by a written certification by the treating                                  
12       physician that the abortion is medically necessary to treat a serious                                             
13                 (1)  adverse physical condition of a pregnant woman that                                                
14                      (A)  either is caused by the pregnancy or would be significantly                                   
15            aggravated by continuation of the pregnancy; and                                                             
01                      (B)  would seriously endanger the physical health of the woman                                     
02            if the pregnancy were not terminated by an abortion; or                                                      
03                 (2)  psychological illness of a pregnant woman who requires                                             
04       medication for treatment of the illness if                                                                        
05                      (A)  the medication required to treat the illness would be highly                                  
06            dangerous to the fetus; and                                                                                  
07                      (B)  the health of the woman would be seriously endangered if                                      
08            the medication was not taken during the pregnancy.                                                           
09            (c)  In this section,                                                                                        
10                 (1)  "abortion" has the meaning given in AS 18.16.090;                                                  
11                 (2)  "incest" means an act that would constitute the crime of incest                                    
12       under AS 11.41.450;                                                                                               
13                 (3)  "rape" means an act that would constitute a crime of sexual assault                                
14       or sexual abuse of a minor under AS 11.41.410 - 11.41.440.